ENvironnement JEUnesse ("ENJEU"), a
Quebec-based environmental youth group, has commenced a class
action lawsuit in the Superior Court of Quebec. The lawsuit,
advanced on behalf of all Quebec residents under the age of 35,
alleges that failure by the Government of Canada to address climate
change is an infringement of rights under the Canadian Charter
of Rights and Freedoms (the
"Charter").
Such environmental, youth-led litigation is on the rise in the
United states and elsewhere. Cases such as Juliana, et al. v
United States of America, et al, are giving rise to the
American legal doctrine of "atmospheric trust
litigation". While similar litigation has been slower to take
hold in Canada, the ENJEU case shows that it is likely only a
matter of time until environmental groups, investors and First
Nations seek litigation, Charter-based or otherwise, as another
means of forcing government(s) to pay attention to and address
climate change and its associated impacts.
